Loading...
HomeMy WebLinkAboutR-85-0263I: J-84-1145 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREE- MENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH VALLE AXELBERD AND ASSOCIATES, INC. FOR THE PURPOSE OF PROVIDING STRESS CONTROL TRAINING DURING FISCAL YEAR 1985 TO MEMBERS OF THE MIAMI POLICE DEPARTMENT, WITH THE COST OF SAID CONTRACT NOT TO EXCEED $22,130 WITH FUNDS THEREFOR ALLOCATED FROM THE STATE OF FLORIDA LAW EN- FORCEMENT TRAINING TRUST FUND. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a professional service agreement, in a form acceptable to the City Attorney, with Valle Axelberd and Associates, Inc. for the purpose of providing stress control training during Fiscal Year 1985 to members of the Miami Police Department, with the cost of said contract not to exceed $22,130 with funds therefor hereby allocated from the State of Florida Law Enforcement Training Trust Fund. PASSED AND ADOPTED this 21 Gt day of march , 1985. Maurice A. Ferre MAURICE A. FERRE, M A Y O R ATTEST: (:: �. RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: 'e DEPUTY CITY ATTORNEY O FC6M AND CORRECTNESS: CITY ATTORNE CITY COMMISSION MEETING OF MAR 21 1985 RESOLUTIOil No. 85-26Z REMARKS. CITY OF MIAM1, FLORIDA ZS INTER -OFFICE MEMORANDUM 12-94L_ To: Randolph B. Rosencrantz City Manager DATE: MAR 7 1985 FILE: TNG 8-4 FROM: Clarence Dick n Chief of Poli e SUBJECT: Contract for Stress Courses REFERENCES: ENCLOSURES: It is requested that the City Manager execute a contract between the City of Miami and Valle/Axelberd and Associates, Inc. for the purpose of conducting Stress Control Training Courses during Fiscal Year 1985 for police officers in Dade and Monroe Counties. Attached is a contract for the presentation of six (6) forty hour Stress Courses by Valle/Axelberd and Associates, Inc. This contract is funded by Region XIV of the Criminal Justice Standards and Training Commission, and $22,130 are allocated from the State of Florida Law Enforcement Training Trust Fund. The Miami Police Department developed this course and has offered it to all Law Enforcement Officers in Dade and Monroe Counties (Region XIV) for the last several years. The course is well attended, widely acclaimed and has always been funded by the State. CD:gl 85-2s�. PROFESSIONAL SERVICE AGREEMENT This AGREEMENT, made and entered into as of this day of , I- 1984, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and VALLE-AXELBERD AND ASSOCIATES, INC., hereinafter referred to as "CORPORATION". WITNESSETH The CITY has been awarded monies from the State of Florida Law Enforcement Training Trust Fund to conduct Stress Control Training courses for police officers in t Dade and Monroe Counties ; and WHEREAS, the City Commission, by Resolution No. passed and adopted on day of , 1984, has accepted these monies and authorized and directed the City Manager to implement this training program; and WHEREAS, pursuant to the training program, the CORPORATION has agreed to render and provide the professional service described in this Agreement; NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: L TERM: The term of this Agreement shall be from October 15, 1984 through June 30, 1985. IL SCOPE OF SERVICES: THE CORPORATION will: (1) Maintain a forty hour training program that will help police officers to recognize and cope with job stress and that will address their individual needs in the areas of psychology, physiology and nutrition. (2) Update the complete lesson plan prepared during the 1983-1984 contract identifying program objectives, teaching methods, instructional aids, lecturers, and deliver same to the Miami Police Department Training Unit prior to January 1, 1985. It shall be the responsibility of the CORPORATION to WHENRETURNING FOR FURTHER REVIEW, ?LEASE IDENTIFY AS S r ` "(�C�4 85-2 .3 compensate any and all other persons whom they wish to utilize toward achieving the program's objectives. (3) Update the instructor's outline covering the specific information that will be presented during the training program, and deliver the same to the Miami Police Department Training Unit by January 1, 1985. (4) Update and maintain tests for measuring the degrees of attainment of program objectives and for evaluating the overall program achievement, and each student's progress so that a final grade for each student can be determined. (5) Conduct six training sessions of forty hours each in duration and make program modifications, after each session, where necessary to maintain a high level of program quality. (6) Provide initial counselling and referral services for program participants during each of the forty hour training sessions when the need dictates. (7) Develop an individualized program for each of the program participants that will help them to successfully deal with their own particular stress in a manner that will be beneficial to their jobs and personal health. (8) Prepare an evaluation report upon the conclusion of the training program that will accurately reflect the degree to which objectives were met and the overall achievement, which shall be delivered to the Miami Police Department Training Unit prior to July 31, 1985. III. COMPENSATION: A. CITY shall pay the CORPORATION, as maximum compensation for the services required pursuant to Paragraph II hereof, $22,130.00. B. Such compensation shall be paid on the following bases: Ten thousand dollars ($10,000) shall be due on January 1, 1985 and thereafter the balance of twelve j thousand, one hundred thirty dollars ($12,130.00) shall be due after March 1, 1984. Compensation shall be payable after review and approval by the Commander of the Training Unit. Each such payment shall be made to Valle Axelberd and Associates, Inc., and shall be delivered through the Training Unit (Room 327) at the Miami Police Department, 400 Northwest 2nd Avenue, Miami, Florida. C. CITY shall have the right to review and audit the time records and related records of the CORPORATION pertaining to any payments by the CITY. 41 P IV COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. V. GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement, shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI CORPORATION Clarence Dickson, Chief of Police Valle, Axelberd and Associates Inc. Miami Police Department 115 Madeira Avenue 400 N.W. 2nd Avenue Coral Gables, Florida Miami, Florida 33101 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same, or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary to conform with either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 85-263 VL NONE-DELEGABILITY: That the obligations undertaken by the CORPORATION pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. VII. AUDIT RIGHTS: CITY reserves the right to audit the records of CORPORATION at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. _ d VIIL AWARD OF AGREEMENT: CORPORATION warrants that he/she has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that he/she has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. IX. CONSTRUCTION OF AGREEMENT: This agreement shall be construed and enforced according to the laws of the State of Florida. X. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XL INDEMNIFICATION: PROVIDER shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of activities under this contract, including all other acts or omissions to act of CITY, its officers or employees, and from and against any orders, judgments or decrees which may be entered and from and against all costs and attorney's fees, expenses and liabilities incurred in the defense of any such claims, or the investigation thereof. INSURANCE The PROVIDER shall provide professional liability insurance with a combined single limit of at least $1,000,000 (one million dollars). A certificate of insurance shall be submitted to the City of Miami, Risk Management Division, prior to execution of this agreement. i i The CITY shall be named as an "Additional Insured" on such policy and a "Certificate of Insurance" shall be supplied as evidence of such coverage. s XM. CONFLICT OF INTEREST: CORPORATION is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida, and agrees that he/she will comply in all respects with the terms of said laws. XIV. INDEPENDENT CONTRACTOR: CORPORATION AND HIS/her employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of s CITY. r X V. TERMINATION CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CORPORATION, who shall be paid for those services performed prior to the date of its V zV SS-26�- 4V V�' receipt of the notice of termination. In no case, however, will CITY pay CORPORATION an amount in excess of the total sum provided by this Agreement. It is hereby, understood by and between CITY and CORPORATION that any payment made in accordance with this Section to CORPORATION, shall be made only if said CORPORATION is not in default under the terms of this Agreement. If CORPORATION is in default, the CITY shall in no way be obligated and shall not pay to CORPORATION any sum whatsoever. XVL NON DISCRIMINATION: CORPORATION agrees that he/she shall not discriminate as to race, sex, color, creed, or national origin in connection with his/her performance under this Agreement. XVII. MINORITY PROCUREMENT COMPLIANCE CORPORATION acknowledges that he/she has been furnished a copy of Ordinance No. 9775, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. X VIIL CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XIX. DEFAULT PROVISION: In the event that CORPORATION shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CORPORATION may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CORPORATION by CITY while CORPORATION was in default of the provisions herein contained, shall be forthwith returned to CITY. 85-263 1 A XX. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. Attest: �� Qorporate Secretary Attest: City Clerk APPROVED: ZT-ATENCE DICKSON CHIEF OF POLICE RECTNESS: 1- APPROVED AS TO INSURANCE REQUIREMENTS: DIVISION OF RISK KANAGEMENT VALLE-AXELBERD AND ASSOCIATES, INC. By: IV) MA )� Presi ent AL CITY OF MIAMI, a Municipal Corporation of the State of Florida By: City Manager 85-262a CORPORATE RESOLUTION WHEREAS, the Board of Directors of Valle-Axelberd and Associates has examined terms, conditions, and obligations of the proposed contract with the City of Miami for Stress Control Training courses; WHEREAS, the Board of Directors at a duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation; r NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF Valle-Axelberd and Associates, that the President and Secretary are hereby authorized and instructed to enter into a contract in the name of, and on behalf of this corporation, with the City of Miami for, Stress Control Training courses in accordance f with the contract documents furnished by the City of Miami, and for the price and upon the terms of payments contained in the proposed contract submitted by the City of 1 Miami. IN WITNESS WHEREOF, this 3C7 day of 1984. 9 CHAIRMAN, BOARD OF DIRECTORS (SEAL)